Aug
22
2011

Fairness Doctrine Dead: Misconceptions Live On

The FCC announced it was doing away with dozens of rules today, including the Fairness Doctrine–perhaps one of the most widely misunderstood media policy concepts of all time. As the Hollywood Reporter put it:

Bound to get the most attention though is ditching the Fairness Doctrine, an idea that was meant to force radio broadcasters into offering as much left wing political content as they offer right wing commentary.

This is the Fairness Doctrine as imagined by right-wing talk show hosts as a way to scare listeners. Rush Limbaugh called it the "Hush Rush Bill," and claimed that it would force radio stations to air liberal programs or face FCC sanctions. That was nonsense.

As FAIR's Steve Rendall explained in a fantastic piece in Extra! (1-2/05), the Fairness Doctrine did not mandate anything resembling equal time (a misconception advanced by an array of conservatives, but also by liberals hoping to force ideological balance on the nation's airwaves).

He wrote:

The Fairness Doctrine had two basic elements: It required broadcasters to devote some of their airtime to discussing controversial matters of public interest, and to air contrasting views regarding those matters. Stations were given wide latitude as to how to provide contrasting views: It could be done through news segments, public affairs shows or editorials.

Rendall went on to describe the upside of the Fairness Doctrine:

Indeed, when it was in place, citizen groups used the Fairness Doctrine as a tool to expand speech and debate. For instance, it prevented stations from allowing only one side to be heard on ballot measures. Over the years, it had been supported by grassroots groups across the political spectrum, including the ACLU, National Rifle Association and the right-wing Accuracy In Media.

Typically, when an individual or citizens group complained to a station about imbalance, the station would set aside time for an on-air response for the omitted perspective: "Reasonable opportunity for presentation of opposing points of view," was the relevant phrase. If a station disagreed with the complaint, feeling that an adequate range of views had already been presented, the decision would be appealed to the FCC for a judgment.

According to Andrew Jay Schwartzman, president of Media Access Project, scheduling response time was based on time of day, frequency and duration of the original perspective. "If one view received a lot of coverage in primetime," Schwartzman told Extra!, "then at least some response time would have to be in primetime. Likewise if one side received many short spots or really long spots." But the remedy did not amount to equal time; the ratio of airtime between the original perspective and the response 'could be as much as five to one,' said Schwartzman.

As a guarantor of balance and inclusion, the Fairness Doctrine was no panacea. It was somewhat vague, and depended on the vigilance of listeners and viewers to notice imbalance. But its value, beyond the occasional remedies it provided, was in its codification of the principle that broadcasters had a responsibility to present a range of views on controversial issues.

About Peter Hart

Activism Director and and Co-producer of CounterSpinPeter Hart is the activism director at FAIR. He writes for FAIR's magazine Extra! and is also a co-host and producer of FAIR's syndicated radio show CounterSpin. He is the author of The Oh Really? Factor: Unspinning Fox News Channel's Bill O'Reilly (Seven Stories Press, 2003). Hart has been interviewed by a number of media outlets, including NBC Nightly News, Fox News Channel's O'Reilly Factor, the Los Angeles Times, Newsday and the Associated Press. He has also appeared on Showtime and in the movie Outfoxed. Follow Peter on Twitter at @peterfhart.